Session Two Law Policy Flashcards
How do table one and table two offences work?
two for one
Schedule 1, Table 1 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor or the person charged elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 1 offences.
one for two
Schedule 1, Table 2 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 2 offences.
Crimes Act s.____ Fraud
Crimes Act s.192E Fraud
LEPRA 2002 (NSW), Section 31 - Strip searches
A police officer may carry out a strip search of a person if:
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is ___________________ — the police officer suspects on reasonable grounds that the strip _______________ for the purposes of the search and that the ____________________________ _____________________ make the strip search necessary
LEPRA 2002 (NSW), Section 31 - Strip searches
A police officer may carry out a strip search of a person if:
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place — the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary
When is a Child or Young Person at Risk of Significant Harm
(ROSH)
Under the Children and Young Persons (Care and Protection) Act 1998 s. 23 it’s when the Children or Young persons;
- Physical and psychological needs not met
- Parents unable or unwilling to arrange medical care
- Parents unable or unwilling to allow child to receive education
- Physically or sexual abused or ill-treated -Exposed to domestic violence -Suffering serious psychological harm or at risk of
Non-Urgent AVO
- Not an order but a summons to appear before the court for an application to seek an order
- There must be no immediate safety concerns
- Commonly used when a Provisional AVO has been declined
- Not appropriate for child abuse, stalking, intimidation or a DV offence
- Can be applied for by the PINOP at a local court
Under Section 10 of LEPRA 2002
what may Police do?
Police may enter and stay for a reasonable amount of time to:
- Detain a person under an Act
- Arrest a person Police may search premises for person
- police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.
The Power and Control Wheel of Domestic Violence
(6 phases)
- Pursuit phase
- Honeymoon phase
- Build-up phase
- Stand-over phase
- EXPLOSION
- Remorse phase
Circumstances of aggravation for sexual touching?
- Alleged offender is in the company of another person or persons, or
- The alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender
- The alleged victim has a serious physical disorder
- The alleged victim has a cognitive impairment
Where do we find the definition of Larceny?
A. Common Law
B. Crimes Act 1900 (NSW) Section 117
C. Crimes Act 1900 (NSW) Section 118
Where do we find the definition of Larceny?
A. Common Law
What is deception?
- a deception as to the intentions of the person using the deception or any other person, or
- conduct that causes a computer/machine to respond in a manner the person is not authorised to cause it to make.
- any intentional or reckless deception
First response duties for sexual assaults?
- D
- R
- E
- A
- L
- P
- I
- N
- E
- Duty officer and supervisor to be notified
- Respectful and supportive of the victim
- Ensure the victim’s immediate safety
- Assess and attend to urgent medical needs including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK)
- Liaise with criminal investigation staff
- Privacy of the victim
- Identify and secure any primary/secondary crime scene and/or other forensic evidence
- Notebook Entry
- Encourage the victim not to change
What is asportation?
Physically placing hands on an item, and requires only the slightest movement of the property
What is the offence creating section for choking?
37 Choking, suffocation and strangulation
(1A) A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent.
Maximum penalty—imprisonment for 5 years.
(1) A person is guilty of an offence if the person—
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty—imprisonment for 10 years.
(2) A person is guilty of an offence if the person—
(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty—imprisonment for 25 years.
What section of the Crimes Act is Reckless grievous bodily harm or wounding
Elements of Reckless grievous bodily harm or wounding
Section 35, Crimes Act
- The accused
- Wounds any person
- Is reckless as to causing actual bodily harm to that or any other person is guilty of an offence
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
Can a person of the opposite sex be present during the search?
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
Unless it is a parent or guardian Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
What are the elements and sections of Violent Disorder?
Summary Offences Act 1988 (NSW), Section 11A
- 3 or more (conduct taken together)
- Use or threaten violence (incl. words alone)
- Towards persons or property
(10 penalty units or 6 months imprisonment)
How do we prove the mens rea of possession (GIC)?
- K_____________ of the e_____________ of the item.
- K_____________ of the likely n__________ of the item.
- Knowledge of the existence of the item
- Knowledge of the likely nature of the item
What Section gives Police the Power to enter to arrest or detain someone or execute warrant
Section 10, Law Enforcement (Powers & Responsibilities) Act
A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.
However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.
A police officer who enters premises under this section may search the premises for the person.
What is the penalty for Larceny Offences and where do we find it?
5 years imprisonment; Crimes Act 1900 (NSW) Section 117
Crimes Act s.125 _____________
Crimes Act s.125 Larceny by bailee
The information included in AVO’s application,
- General history (children, violence and types of abuse)
- Specific examples of violence (most recent and serious)
- Previous orders
- Issues with relationships, metal health
- Fears of police/PINOP
Do we need to inquire about firearms when investigating a possible Domestic?
Yes under section 85(2) of LEPRA
Police MUST inquire as to the presence of any firearms in the dwelling
Kate works at Kmart. One day, she opens the cash register, removes a $50 note and places it in her pocket. She spends the money on petrol on her way home. What are the elements of the offence?
- _____________________________________________________
- _____________________________________________________
- Steals $50
• Elements of __________ must be established - _____________________________________________________
Crimes Act 156 Larceny by clerk or servent
- Kate
- Clerk of Kmart employer
- Steals $50 (elements of larceny must be established)
- Belonging to the Kmart employer
What are the elements of being within premises and then breaking out?
- _____________________________
- E__________
- _____________________ or other building
- Commits a _____________________________
- ___________ out.
What are the elements of being within premises and then breaking out?
- The accused
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
- Breaks out
What is actual breaking (for entering any house)?
Actual breaking
Actual breaking involves the breaking of the seal, interfering with the physical security of the dwelling-house or other building.
Examples of actual breaking
- Smashing or jemmying open a window or door
- Opening a window or door that is closed - they do not need to be locked
- Removing tiles from a roof
- Opening a cellar door held down by its own weight
- Opening an interior door - not a cupboard
- Flicking the latch or chain off an otherwise partially opened window or door.
Under Section 33 – Rules for conduct of strip search
Can a parent, guardian or personal representative of the person being searched be present?
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present.
What are the circumstances of aggravation of break offences?
• Armed with an _____________ or instrument
• Use of _________________.
• Deprivation of _____________.
• Infliction of ___________ on any person.
• The offender knows there are ___________ on the premises at the time of the offence.
• In ____________.
What are the circumstances of aggravation of break offences?
• Armed with an offensive weapon or instrument*
• Use of corporal violence
• Deprivation of liberty
• Infliction of ABH on any person
• The offender knows there are people (lawful occupants) on the premises at the time of
the offence
• In company
How would you establish the mens rea and actus reus of the offence of larceny?
Mens rea (mind) - i.e. the offender had the mind-set that they would steal because they took and carried away etc. and intended that the taking would be permanent.
Actus reus (physical act) - the property belonged to another and was taken and carried away without consent
What Section & Act is Warrant where entry denied or authority to remain refused
Section 83, Law Enforcement (Powers & Responsibilities) Act
(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
(b) the police officer suspects that—
(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
Is Affray a table 1 or table 2 offence?
Affray is a Table 1 offence
What are the elements of Sexual Assault Under 61I of the Crimes Act 1900
- The accused
- Had sexual intercourse with another person
- Without consent of the other person
- Knew the other person did not consent to the sexual intercourse
What is the Act & Section that prevents Sexual intercourse with Children between the ages of 10 & 16
Section 66C, Crimes Act
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
(1) A police officer who strip searches a person must, as far as is _______ ___________ in the circumstances, comply with the following —
(a) the strip search must be conducted in a _________ ______,
(b) the strip search must not be conducted in the presence or view of a person who is of the ______ ____ to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is ____ _________ for the purposes of the search
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following —
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search
What is the offence creating Section for Common assault and other actions against police officers
Section 60, Crimes Act
What is the Act & Section for Violent disorder
What are the elements for violent disorder
Section 11A, Summary offences Act
- Where three or more persons are together using or threatening unlawful violence
- The conduct of them (taken together) was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety
- Each of the persons who threatens or uses unlawful violence is guilty of this offence
What is constructive breaking (for entering any house)?
Constructive breaking involves entry being gained through the unauthorised use of one of the following:
- A Key
- Fraud
- Conspiracy
- Threat
- Not breaking
What is required for a warrant under, Section 83 of LEPRA 2002?
Warrant where entry denied or authority to remain refused
“83 LEAVE ME”
If the police have been denied entry, they can apply for a warrant
In order to apply for a warrant, police must show that:
- They have been denied entry
- A Domestic Violence offence has recently been, is being committed, is imminent, or is likely to be committed
- It is necessary for the police to enter immediately to investigate and take action to prevent the further commission of offences
Under what Section allows police to seize property related to domestic violence in a dwelling?
What does this Section allow you to take?
Section 87, Law Enforcement (Powers & Responsibilities) Act
Dangerous article/implement (not laser pointer) that currently or previously or may be used to commit a domestic violence offence
S.87 allows for police to search & seize dangerous implements from a dwelling providing certain preconditions are established.
A police officer may search the dwelling for and detain a dangerous article or implement, as long as:
- The police officer has entered the premises lawfully under a power in LEPRA
- The police officer believes on reasonable grounds that:
- A dangerous article or implement (other than a laser pointer) is in the dwelling, AND
- The dangerous article/implement is being, was, or may have been or may be used to commit a domestic violence offence.
What is a domestic violence offence?
Any of the following, committed within a defined domestic relationship:
- A person violence offence, or
- An offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
- An offence (other than a personal violence offence) the commission of which is intended to coerce or control the personal or to cause that person to be intimidated or fearful
Under Section 82 of LEPRA 2002, Police have the power to Enter by?
- Police invited into a dwelling may stay to investigate or prevent a domestic violence offence
- So long as police believe on reasonable grounds that a domestic violence offence is occurring, recently occurred or is imminent
- If permission is removed, police may stay to exercise powers until a warrant is issued
“82 COME ON THROUGH”
Essential differences between GIC and Receiving?
Goods in Custody: It must be proven that the goods are r______ s________ of being ____or_______ ___________ _____.It is not necessary to prove that the goods are actually stolen or unlawfully _______, or that the accused knew the goods __ ___ or _____ _____.
Receiving: It must be proven that the ______ knew the goods were _______ at the time they received, _______ , or attempted to ______ of them. K_________, in the mind of the accused, is an important element in proving the offence of Receiving.
Goods in Custody: It must be proven that the goods are reasonably suspected* of being *stolen or otherwise unlawfully obtained. It is not necessary to prove that the goods are actually stolen or unlawfully obtained, or that the accused knows the goods are stolen or unlawfully obtained.
Receiving: It must be proven that the accused knew the goods were stolen at the time they received, disposed of, or attempted to dispose of them. Knowledge, in the mind of the accused, is an important element in proving the offence of Receiving
What is Crimes (Domestic and Personal Violence) Act 2007 s. 49
Non-urgent order must be made if a police officer believes or suspects that a domestic violence offence has been or is likely to be committed against the person in need of protection
What is LEPRA 2002, S.86
LEPRA 2002, S.86 – Police may enter and search for firearms
- if police have a reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent
- Police are informed that no firearms exist in dwelling, but reasonably suspect otherwise
- Police must apply for a search warrant
What is a Interim AVO
- An order made by the court when a person is charged with an offence that appears to the court to be a serious offence
- In force until revoked or a final order AVO has been made
- Temporary order
- Serious offences : Attempted murder, DV offence, etc (CDPVA 2007, S.40)
Crimes Act s. ___ Larceny by clerks or servants
Crimes Act s.156 Larceny by clerks or servants
Crimes Act s.____ Persons unlawfully in possession of property
Crimes Act s.527C Persons unlawfully in possession of property
Crimes act s.117 ________
Crimes act s.117 Larceny
What are the circumstances of aggravation for 112 Breaking etc into any house etc and committing serious indictable offence
circumstances of aggravation means circumstances involving any one or more of the following—
(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.
What are the elements of Affray?
Section 93C, Crimes Act
- The accused used or threatened to use unlawful violence towards another person
- The conduct of the accused was such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety
Key points
- 1 or more person involved
- Against person only
- Violence must be directed against a person or persons
Circumstance of Aggravation for Sexual Assault (AVOCADO DC)
- Authority of alleged offender
- Victim under 16
- Offensive weapon used to make threats of ABH
- Company of another
- ABH is inflicted
- Disability of a serious physical nature
- Offence of a serious indictable nature intended during a break and enter
- Deprivation of liberty
- Cognitive impairment
What is Crimes Act 1900 (NSW), s. 154A Taking a conveyance without consent of owner?
In circumstances where a car appears to have been “STOLEN” and then left on the side of the road, the element of ‘intention to permanently deprive’ will be difficult if not impossible to establish. This will result in a prosecution of Taking a conveyance without consent of owner.
Elements
- Accused
- Without consent
- Takes and drives conveyance or
- Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.
What can Assault be?
- Advance towards someone with a clenched fist (threats)
- Using a dog as a weapon
- Non-consenting kiss
- Spitting on a person
- Striking a horse causing the rider to fall
- Pointing an unloaded/loaded firearm or toy pistol (if the victim believes it to be a pistol/taser)
- An unlawful arrest
- Excessive force
What are some ways we can establish the element of ‘the accused’ for larceny?
ID, CCTV, witness statements, admissions of the accused, recovering the stolen property
Meaning of intimidation according to section 7, Crimes (Domestic and Personal Violence) Act
a) Conduct (incl. cyberbullying) amounting to harassment or molestation of the person, or
b) Approach made to the person by any means (incl. phone, text, email & other technologically assisted means) that causes the person to fear for his or her safety
c) Conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or the violence or damage to any person or property
Crimes Act s.___ Stealing property in a dwelling-house
Crimes Act s.148 Stealing property in a dwelling-house
What act & section allows police to enter a premises in an emergency?
Section 9 of LEPRA – Power to enter in emergencies
- To prevent a breach of the peace from occurring or to end a breach of the peace which IS occurring
- A person has suffered significant physical injury or there is an immediate danger of significant physical injury and it is necessary to enter the premises immediately to prevent further significant physical injury
- the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.
What are the elements for Violent disorder
Summary Offences Act 1988 (NSW), Section 11A
Elements of offence:
- Where three or more persons are together using or threatening unlawful violence; and
- the conduct of them (taken together) was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety.
- Each of the persons who threatens or uses unlawful violence is guilty of this offence.
Maximum penalty: 10 penalty units or 6 months imprisonment.
- Accused intended to use or threatened violence, or was aware that their conduct may have been violent. WORDS ALONE CAN CONSTITUTE THIS OFFENCE so as to cause a person of reasonable firmness to fear for their safety (need not be present)
- Against person or property
- On public or private property
- Only need to threaten violence
- You do not have to identify all parties but you will need to describe in detail the actions of three or more persons to prove the offence.
What are the Sexual Touching Elements and section?
Crimes Act 1900 s. 61KC
- The accused (alledged offender)
- Without consent
- Knowing they had no consent
- Sexually touched the victim
(a) sexually touches the alleged victim, or
(b) incites the alleged victim to sexually touch the alleged offender, or
(c) incites a third person to sexually touch the alleged victim, or
(d) incites the alleged victim to sexually touch a third person,
What’s the difference between Larceny by Clerks or Servants vs Embezzlement by
Clerks or Servants?
- Embezzlement = ____________ the till
- Larceny = ____________ the till
- Embezzlement by clerks or servants occurs before the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer or before going into the till
- Larceny by clerks or servants occurs after the property or cash comes into possession of the employer (after the till)
What are ways of proving the offence of larceny?
- Statements from witness/victim/owners
- Actions of the accused
- Exhibits
- CCTV
- Admissions of the accused
Act & Section for Common Assault prosecuted by indictment + Elements of the offence
Section 61, Crimes Act – (Indictable offence)
- The accused
- Assaulted
- Intentionally or recklessly
- Without consent
- Without lawful excuse
- A person
Kate works at Kmart. One day, she opens the cash register, removes a $50 note and places it in her pocket. She spends the money on petrol on her way home. What is the offence?
Crimes act 156, Larceny by Clerk or Servant
Larceny is classified as a:
A. Minor indictable offence
B. Serious indictable offence
C. Summary offence
Larceny is classified as a
B. Serious indictable offence
LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search
impaired intellectual functioning means —
impaired intellectual functioning means —
(a) total or partial loss of a person’s mental functions, or
(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or
(c) a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour
What is Larceny by bailee Crimes Act 1900 (NSW), Section 125?
Include the elements
This offence requires an agreement (bailment) between two parties - the Bailor and the Bailee. When the Bailee in some way breaches the agreement, the offence of Larceny by Bailee has been committed.
A Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership.
There is an agreement/bailment that the property be in the possession of the Bailee for a particular purpose only.
Elements
- Accused
- Possesses property as a bailee
- Takes or converts property to their own use or the use of another
- Acts fraudulently (dishonestly)
A person, who is in possession of items (property) so soon after a stealing or a break and enter have taken place what must you consider?
- where you find the alleged offender
- the time since the offence
- the item the offender is carrying
- guilty knowledge inferred from silence or with no other reasonable explanation for possession offered.
A Less Serious Injury (Less than GBH) goes under table ___?
Table 2
Crimes act s.112 __________________________________________________
Crimes act s.112 Breaking etc into any house etc and committing serious indictable offence
What constitutes a Domestic Violence Offence?
Domestic Relationship + Personal Violence Offence
What are the elements of Crimes Act 1900 (NSW), Section 154F Stealing motor vehicle, vessel or trailer?
Elements
- Accused
- Steals: elements of larceny
- Motor vehicle, vessel or trailer.
Meaning of Consent in relation to Sexual Offences Crimes Act 1900 s. 61HE
The person freely and voluntarily agrees to sexual activity
What information must be included on AVOs?
The relationship between the PINOP and the defendant:
- A general history – children, violence, types of abuse, etc
- Specific examples of violence – most recent and most serious
- Issues relating to family law, drug and alcohol, mental health, firearms, weapons
- Previous orders
- Future fears of police or the Person in Need of Protection (PINOP)
What is the main difference between Violent disorder, Affray & Riot?
- Violent disorder involves THREE or more persons using or threatening unlawful violence
- Affray involves ONE or more person using or threatening unlawful violence towards another person
- Riot is where TWELVE or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.
What is the definition of larceny?
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.
Source: Wilson and Dawson JJ Ilich v R (1987) 162 CLR 110
A car is broken into by three teenagers, driven around for 3 hours and then left on
the side of the road in a local industrial estate. What is the offence?
154A Crimes act, Taking a conveyance without consent of owner
What is a Provisional AVO?
- Police apply for this AVO if there are immediate fears for the safety of the victim
- Enforceable the minute it has been served to accused
- In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant (CDPVA 2007, S.32- Duration)
- Granted by a senior police officer, Sgt or above, or the Central Justice Panel
Justifications for police being lawfully on premises?
- An emergency (LEPRA S.9)
- To lawfully arrest or detain a person, or to execute warrant (LEPRA S.10)
- Execution of an entry warrant (LEPRA S.83 issued by an authorised justice)
- Invitation from the owner/occupant (until revoked) (LEPRA S.82)
What are the elements for
Breaking into and entering premises
Crimes Act 1900 (NSW), Section 112(1)(a)
112 Breaking etc into any house etc and committing serious indictable offence
- Accused
- Breaks
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
Crimes Act s.___ Embezzlement by clerks or servants
Crimes Act s.157 Embezzlement by clerks or servants
What is the definition of a dwelling house?
(a) any __________ or other structure intended for _________ as a dwelling and capable of being so _______, although it has never been so _____________,
(b) a _______ or ________ in or on which any person resides, and
(c) any ___________ or other structure within the same ____________ as a dwellinghouse, and _________ therewith or whose use is ancillary to the ____________ of the
dwelling-house.
What is the definition of a dwelling house?
(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,
(b) a boat or vehicle in or on which any person resides, and
(c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.
Jack finds a wallet containing an ATM card and PIN that is not theirs. Jack then goes to an ATM and uses the card and PIN to withdraw $500 in cash. What are the elements of the offence?
- _____________________________________________________
- _____________________________________________________
- Dishonestly _______________________________________________________
- Accused
- Uses a deception
- Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.
Entry in Emergencies LEPRA 2002 s. 9
Police may enter a premises on reasonable suspicion that the following is occurring or likely to occur:
- Breach of the peace
- Person has suffered significant injury
- Dead body
Definition of stalking in accordance with Section 8, Crimes (Domestic and Personal Violence) Act
Stalking includes:
a) The following of a person about, or
b) The watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity, or
c) Contacting or otherwise approaching a person using the internet or any other technologically assisted means
What are the circumstances of special aggravation for 112 Breaking etc into any house etc and committing serious indictable offence?
circumstances of special aggravation means circumstances involving any or all of the following—
(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c) the alleged offender is armed with a dangerous weapon.